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PEOPLE v. DARLAND

No. 79SA191.

613 P.2d 1310 (1980)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Thomas DARLAND, Defendant-Appellee,

Supreme Court of Colorado, En Banc.

July 28, 1980.

Attorney(s) appearing for the Case

Robert N. Miller, Dist. Atty., Elizabeth Strobel, Deputy Dist. Atty., Greeley, for plaintiff-appellant.

Robert C. Burroughs, Ault, for defendant-appellee.

LEE, Justice.

The People bring this appeal, pursuant to section 16-12-102, C.R.S.1973 (1978 Repl. Vol. 8) and C.A.R. 4(b), from an order of the Weld County District Court granting its sua sponte motion for judgment of acquittal. We reverse and remand.

Defendant-appellee, Thomas Darland, was charged with two counts of violation of section 18-3-405, C.R.S.1973 (1978 Repl. Vol. 8), sexual assault on a child. The district court granted defendant's motion...

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